Under Canadian Immigration legislation, certain foreign workers may be eligible for a Canadian work permit that is exempt from any labour certification process. Where a tangible and demonstrated benefit to Canada will result from the employment of a foreign national in Canada, there is authority to issue Canadian work authorization exempt from the general labour certification requirements. These provisions are generally applicable in such cases as the foreign worker would:
- Create or maintain significant social, cultural, or economic benefits or opportunities for Canadian citizens or permanent residents;
- Create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries;
- Be engaged in work that is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria:
- Work related to a research, educational or training program, or
- Limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy;
- Is of a religious or charitable nature.
The interpretation of these rules has resulted in the classification of foreign workers representing Canadian Interests in the following main categories:
- Canadian Interests (general);
- Entrepreneur/Self-employed Candidates;
- Intra-Company Transferees;
- Emergency Repair Personnel;
- Reciprocal Employment;
- Charitable or religious work.